“Og-blog” stands for “open-government blog” and that’s what we do: tell people about open-government issues of interest to regular citizens, media, trade associations, and government agencies. We find interesting stories and court cases from Washington State and other places about the Public Records Act, Open Public Meetings Act, access-to-court rulings, and media law.

We warmly welcome your thoughts on og-blog and especially welcome your emails with suggested postings and links to interesting stories and court cases. If you have something to say about open government in Washington State, sending it to og-blog is probably the best way to get it out. Don’t hesitate to contact us at greg@overstreet-law.com.

Wednesday, November 18, 2009

This Bellingham Herald editorial uses unusually sharp language to criticize a Whatcom County Superior Court ruling upholding an arbitrator's ruling (made before a public records request was made) that the City of Bellingham must destroy a public record.

Friday, November 13, 2009

This editorial from the Spokesman Review describes why a recent $25,000 settlement by the Spokane Regional Clean Air Agency of an Open Public Meetings Act case shows that the Legislature should pass a bill requiring the taping of executive sessions.

Thursday, November 12, 2009

This editorial from The Olympian describes the lack of accountability on the Board of Accountancy, the state agency regulating accountants, and calls for reforms. The Board recently paid $500,000 to settle retaliation and public records lawsuits brought by an accountant.

Tuesday, November 10, 2009

This editorial from The Olympian describes why a new office should be created to give citizens and agencies a quick and inexpensive administrative remedy to obtain public records. Citizens could still go to court if they chose.

This Kitsap Sun article discusses the thorny Public Records Act and retention issues when government agencies use social networking sites like Facebook.

Here's the deal: Government is different than private people and businesses. Government is not a teenager on Facebook, or a business using Twitter to generate business. Government can tax and imprison; teenagers and businesses cannot. Government is subject to laws that allow the boss--the People--to know what's going on. Comparing government to private entities is not useful when it comes to transparency. To see what the government is doing, all you need is a public records request. To see what a private person is doing, you need a search warrant and probable cause. Quite a difference. Thank goodness.

It is interesting that at first the library claimed the tape could be withheld from disclosure because it was a "library record." The accused had to go to court and obtain an order compelling disclosure. Ironically, the law designed to shield the books one checks out at a library from public scrutiny, which is to protect individual liberties, was initially used to ... deprive someone of his individual liberties of being free from criminal charges for a crime he did not commit.